GENERAL CONDITIONS OF SALE
1. Interpretation
1.1 In these General Conditions the following words and expressions shall have the meanings set below:
“Auction” any auction (whether a Live Auction or an Online Auction and whether conducted independently or simultaneously) conducted pursuant to the Conditions of Sale;
“Auctioneer” the person conducting the Auction who will be an employee of the Company with appropriate skills and experience to carry out the task of conducting the Auction;
“Bidder” any person who places a Bid;
“Bid” an offer to purchase a Lot by a Bidder whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;
“Buyer” any person who agrees to purchase any Lot whether at Auction or by private treaty or tender and as determined under General condition 4.12 below;
“Buyer’s Premium” a commission payable by the Buyer to the Company on the completion of a Sale the amount of which is set out in the Special Conditions; the Company, when acting as agent for the Seller, may also receive commission from the Seller.
“Catalogue” the catalogue describing the Lots and incorporating these General Conditions and the Special Conditions;
“Clearance Date and Time” the scheduled date and time on which all Lots must be removed by the Buyer from the Location as specified in the Special Conditions;
“Company” Sanderson Weatherall LLP (company number OC 344 770) whose registered office is at 6th Floor, Central Square, 29 Wellington Street, Leeds LS1 4DL;
“Conditions of Sale” the General Conditions and the Catalogue together with any Special Conditions;
“Consumer” an individual acting for purposes which are wholly or mainly outside their business, trade, profession or occupation;
“Consumer Contracts Regulations” the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Contractor” the contractor specified in the Conditions of Sale who has been appointed to carry out the dismantling and lowering of the Lot at the Location;
“Contractor’s Fee” the fee payable by the Buyer to the Contractor in relation to the dismantling and lowering of the Lot;
“Data Protection Law” all applicable laws and regulations, in each case pertaining to the security, confidentiality, protection or privacy of Personal Data, as amended or re-enacted from time to time, including (and to the extent applicable) the UK GDPR, the Data Protection Act 2018, and the Data (Use and Access) Act 2025;
“Deposit” the sum payable by the Buyer to the Company as set out in the Special Conditions;
“General Conditions” these General Conditions which shall be applicable to all Auctions conducted by the Company;
“Legislation” all laws, legislation, statutes, regulations, codes of practice, guidance, orders, rules and other as amended or re-enacted from time to time;
“Live Auction” any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue;
“Loading” means the lifting and/or placing of each Lot on to the Buyer’s transport (and “Load” or “Loaded” has a corresponding meaning);
“Live Auction” any auction conducted at the Location or at such other location(s) as shall be notified by the Company in the Special Conditions or in the Catalogue;
“Location” the premises at which the Lots are located, details of which are set out in the Special Conditions or in the Catalogue;
“Lot” any single item or group of items that are offered for sale together as one unit as described in the Catalogue, on any of the Websites or on the Company’s invoice;
“Online Auction” any auction conducted over the internet via any of the Websites pursuant to these General Conditions and the Special Conditions;
“Personal Data” has the meaning given to it under UK GDPR;
“Public Auction” with respect to Buyers in the United Kingdom, has the meaning given to it in Regulation 5 of the Consumer Contracts Regulations and, with respect to Buyers in the Republic of Ireland, has the meaning given to it in Section 96(1) of the Consumer Rights Act 2022;
“Sale” the sale of any Lot by Auction, private treaty or tender and as determined under General Condition 4.11 below;
“Seller” the person upon whose instructions the Company is conducting the Sale, details of whom are set out in the Special Conditions;
“Special Conditions” any additional terms or conditions set out or referred to in the Catalogue, announced at Auction or otherwise specified by the Company;
“UK GDPR” has the meaning given in Section 3(10) (as supplemented by Section 205(4) of the Data Protection Act 2028;
“Websites” the websites at: www.bidspotter.co.uk; www.ibidder.com; www.sw.co.uk; and www.sw.atgportals.net;
“VAT” value added tax chargeable under English Law for the time being and/or any similar additional tax in an applicable jurisdiction.
2. Application of these General Conditions
2.1 These General Conditions apply to the Sale of assets (including but not limited to plant, machinery, vehicles, chattels and trade stocks) conducted by the Company and not heritable property.
2.2 To the extent that these General Conditions are inconsistent with any Special Conditions, the General Conditions shall prevail.
2.3 Bidding for any Lot shall be deemed to be an acceptance by the Bidder of the Conditions of Sale.
2.4 A reference to writing or written shall include e-mail.
2.5 Any word or phrase having a meaning defined in these General Conditions shall have the same meaning when used in the Special Conditions.
2.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.7 A reference to a company included any company, corporation or other both corporate, wherever and however incorporated or established.
2.8 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.
2.9 A reference to a gender includes references to other genders.
2.10 References to include, including and included will be construed without limitation to the generality of the preceding words.
2.11 Headings are inserted only for convenience and are in no way to be construed as part of the General Conditions
3. Identity of the Parties
3.1 The Company offers each Lot as agent of the Seller and not as principal unless otherwise indicated in the Catalogue.
3.2 The identity of the Seller is set out in the Special Conditions.
3.3 Unless the Company has previously acknowledged in writing that the Bidder Bids as agent on behalf of a named principal, every Bidder shall be taken to Bid on his own behalf as principal.
3.4 Any Bidder acting as agent on behalf of a named principal shall remain liable to the Seller and the Company for all obligations and liabilities of the Bidder’s principal jointly and severally with the principal (including those obligations and liabilities of the Buyer where applicable). The Bidder warrants that it has the authority of his principal to make each Bid made and to bind the Bidder’s principal to the Conditions of Sale.
3.5 Every Bidder is required to give their name and address and provide satisfactory proof of identity and such other information and documentation as is requested by the Company before making any Bid and in the case of:
3.5.1 a Live Auction, by the completion of a registration form;
3.5.2 an Online Auction, by online registration on the relevant Website; or
3.5.3 a private treaty or tender, by prior registration or notification of details as and when requested by the Company.
3.6 The Company reserves the right at any time to reject the registration of any persons and refuse access to the Auction at its sole discretion.
3.7 Subject to any applicable local law requirements, on registration for an Online Auction, Bidders will be provided with the option to ‘opt in’ to the Company’s mailing list for the purposes of notification of future sales by email. If a Bidder who has opted in wishes to stop receiving such notifications they can unsubscribe at any time by clicking on the link provided at the bottom of each email. On registration in accordance with General Condition 3.5 the Bidder acknowledges that only persons aged 18 years and over are entitled to enter into a legally binding contract with the Company and as a result they are the only people entitled to register for the Auction. By registering the Bidder warrants that they are ages 18 years or older and is otherwise capable of forming a legally binding contract.
4. Conduct of Auctions
4.1 Physical Inspection of Lots
4.1.1 The Buyer will be provided with the opportunity to attend all Locations in person with a view to inspecting the Lot.
4.1.1.1 Where the Auction is a Live Auction, the Buyer will be given the opportunity to inspect the Lot immediately prior to the opening of Bids in respect of the relevant Lot; and
4.1.1.2 Where the Auction is an Online Auction, the Seller will provide reasonable prior notice to the Buyer of the date, time and venue of the physical inspection of the relevant Lot.
4.2 Any Lot may be subject to a minimum bid or reserve price. The Seller is entitled to change these at any time before the conclusion of the Sale.
4.3 The Seller, Auctioneer or any representative, agent or person acting on behalf of the Seller may Bid for any Lot. Persons entitled to Bid pursuant to this condition 4.3 shall be entitled to place Bids on any Lot up to the reserve price including by placing Bids in response to other Bidders.
4.4 Lot descriptions will be amended as appropriate as and when information becomes available to the Company. Prospective Bidders must read Lot descriptions before making a Bid so that they are fully aware of any amendments to the description appearing in the Special Conditions and/or on any of the Websites or in the Catalogue in relation to a particular Lot.
4.5 The Auctioneer, subject to having the authority of the Sellers of the relevant Lots, may at any time before the conclusion of the Sale withdraw or divide any Lot or combine any Lots.
4.6 The Company may sell any Lot by private treaty or tender before or after the Auction. The Auctioneer may reject any Bid at his sole discretion and without being required to give a reason.
4.7 No accepted Bid shall be retracted without the consent of the Auctioneer. The Auctioneer may where there is a dispute between Bidders, summarily determine the dispute or immediately again offer the Lot for sale, in each case without being required to give a reason.
4.8 The Auctioneer shall in every other respect decide how the Auction is to be conducted without being required to give a reason.
4.9 The Auctioneer may in their sole discretion delegate to a person whom they believe to be competent with the conduct of the Auction in accordance with these Conditions of Sale.
4.10 The Auctioneer may from time to time act jointly with an associated Auctioneer who will be named in the Catalogue and/or in the Special Conditions.
4.11 A Sale is concluded (constituting acceptance of the Bidder’s Bid, subject to General Condition 4.12 below) when:
4.11.1 in the case of a Live Auction, on the fall of the Auctioneer’s hammer;
4.11.2 in the case of an Online Auction, at the close of the timed Online Auction Sale as specified on any of the Websites and as defined by General Condition 4.17.3 below or;
4.11.3 in the case of a private treaty or tender, the Bidders Bid is accepted by the Company, such acceptance to be communicated to the Bidder in writing by way of receipt of the Company’s invoice.
4.12 The Buyer shall be the person (being the Bidder or the Bidder’s principal) who made the highest Bid before the conclusion of the Sale pursuant to General Condition 4.11 above subject to approval and acceptance by the Company, the Auctioneer and the Seller or such other person as the Auctioneer and/ or the Company may declare to be the Buyer without being required to give a reason. The Auctioneer and/ or the Company and/ or the Seller is not bound to accept the highest Bid or any other Bid placed in the course of the Auction.
4.13 In the case of an Online Auction the Buyer, as determined under General Condition 4.12 above, shall within a reasonable time after the conclusion of the Sale receive by email an invoice in respect of the monies due for the Lot(s) purchased.
4.14 In the event that the reserve price is not met, the Company may consider the Bids received below the reserve price and at its sole discretion, the Seller may accept, reject or place a counteroffer.
4.15 On conclusion of the Sale and acceptance of the Bidder’s Bid pursuant to General Conditions 4.11 and 4.12 above, the Buyer acknowledges and agrees that it has entered into a contract with the Seller to buy the Lot and the Buyer must complete the transaction to purchase the Lot.
4.16 The Buyer may not remove any Lot it has bought until after the end of the Auction.
4.17 In relation to an Online Auction:
4.17.1 the Company cannot guarantee that the internet services will operate continuously or without interruptions and this could affect the conduct of the Online Auction and the Bidder’s ability to Bid online. The Company shall not be liable in any respect in the event of any dispute due to errors, omissions or disruptions to internet services or power failures or any other circumstances which may occur during the Online Auction;
4.17.2 the Auctioneer may at any time, without notice, postpone or cancel an Online Auction or extend an Online Auction beyond the published closing time (including extension of the timed Online Auction in accordance with General Condition 4.17.3 below);
4.17.3 the timed Online Auction Sale is auto bid extension enabled meaning that where a Bid is placed within ten minutes of the original scheduled close of the timed Online Auction the scheduled close of the timed Online Auction will automatically be extended by an additional ten minutes. This continues with a new scheduled close time each time a Bid is placed until no-one places a Bid before the last scheduled close of the timed Online Auction. Every time a Bid is placed within ten minutes or less left in the Online Auction an additional ten minutes’ Bidding time is added until there are no more Bids. Such time shall then be deemed to be the close of the timed Online Auction.
4.18 In the event that the Auctioneer unknowingly sells a Lot that was not eligible for Sale (i.e. there is a third party interest that comes to light) then the Auctioneer shall be entitled to immediately rescind that Sale without any further liability to the Auctioneer and/or Company or the Seller.
4.19 Copies of the Auctions (Bidding Agreements) Act 1927 and 1969 are held at the Company’s principal place of business.
5. Sale and Payment
5.1 The Buyer shall pay the following sums to the Company in full and without set off:-
5.1.1 immediately upon the Sale of any Lot, the Deposit if requested by the Company; and
5.1.2 the balance of the price of the Lot purchased, together with the Buyer’s Premium and the Contractor’s Fee (where applicable), by no later than 48 hours after conclusion of the Sale or, in the case of an Online Auction, after receipt of an invoice in respect of the purchasers Lot(s) pursuant to General Condition 4.12 above, or such other time and date as may be specified in the Special Conditions; and
5.1.3 any other payment or amount due to the Seller and/or the Company pursuant to these Conditions of Sale on demand.
5.2 The Company reserves the right to refuse payment in cash. Payments in cash of more than €7,500 will not, in any circumstances, be accepted.
5.3 If the Buyer fails to make any payment on the due date for payment then, without limiting any other right or remedy available to the Seller, the Buyer shall pay to the Company interest (both before and after any judgment) on the amount unpaid from the due date until the date of actual payment. Interest under this General Condition 5.3 shall accrue each day at the rate of 8% per annum above the bank base rate of Bank of Ireland from time to time, but at 8% a year for any period when that base rate is below 0%. This General Condition 5.3 shall not apply where the Buyer is a Consumer.
5.4 Until the Buyer has fully complied with its obligations in this General Condition 5:-
5.4.1 title to any Lot bought shall not pass to the Buyer;
5.4.2 the Seller shall have a lien over any Lot bought by the Buyer in the Auction;
5.4.3 if the Buyer effects or purports to effect a resale or any other disposition of all or part of the Lot, the Buyer shall hold the proceeds of resale or other disposition on trust for the Seller.
5.5 All sums payable under these Conditions of Sale are exclusive of any applicable VAT for which the Buyer shall be additionally liable to pay to the Company. On written request by the Buyer the Company will provide a VAT invoice.
5.6 The Company will only accept payment under this General Condition 5 from the Buyer or its authorised agents.
6. Removal of Lots
6.1 Risk of damage to or loss of the Lot shall pass to the Buyer immediately upon the conclusion of the Sale. The removal of Lots from the Location shall be undertaken by the Buyers entirely at its own risk and without any liability whatsoever to the Company.
6.2 The Buyer is responsible for any and all costs and expenses incurred in relation to the removal of Lots and any other applicable charges, taxes and insurance costs including but not limited to:
6.2.1 costs and expenses associated with clean-up, repair of damage and/ or personal injury or death caused by or associated with the removal of Lots; and
6.2.2 any applicable import or export tariffs.
6.3 The Buyer may not remove any Lot until the Buyer has:-
6.3.1 paid by cleared funds all amounts payable pursuant to General Condition 5 above in full; and
6.3.2 if requested by the Company, produced satisfactory evidence to the Company that the Buyer has adequate public liability insurance in respect of the indemnity set out in General Condition 8 below and/or deposited with the Company, by way of security for the costs of making good any damage likely to occur, such sum as the Company may stipulate.
6.4 The Company will only permit the removal of Lots purchased by the Buyer or its authorised agents.
6.5 The Buyer must remove each Lot purchased by the Clearance Date and Time. Lots may only be removed during normal working hours or such hours as are specified in the Special Conditions. No clearance on Bank or Public Holidays. In the absence of co-operation by the Buyer or its authorised agents, the Company reserves the right to insist on the order of the removal of Lots or parts thereof.
6.6 If any Lot is unsold and has to be dismantled and lowered to allow the removal of any other Lot, then the dismantling and lowering of the unsold Lot shall be the responsibility of the Buyer of the other Lot.
6.7 Title to computer software sold pursuant to the Sale of a Lot is not transferred under any Sale to the Buyer and use is subject to any licence or copyright restrictions and user conditions. The Sellers and/or Company reserve the right to erase any private or confidential information prior to the Sale or at any later date.
6.8 Prior to commencing dismantling/ removal of a Lot from the Location, the Buyer and/ or its removal contractor must:
6.8.1 liaise with the Company’s site representative; and
6.8.2 carry out a full assessment of the Lot, the Location and the land or buildings to which the Lot is fixed to:
6.8.2.1 assess the risks associated with detaching/ removing the Lot; and
6.8.2.2 fully satisfy themselves that they will be able to detach/ remove the Lots in compliance with any requirements imposed by all relevant Legislation in accordance with General Condition 7.
6.9 The Buyer shall be required to repair holes or voids exposed by the removal of Lots and any other damage caused as a result of that removal. The Buyer shall replace any cladding taken off buildings during the removal of plant & equipment, unless otherwise specified by the Company.
6.10 The Buyer must ensure that it safety and lawfully detaches any Lot fixed to land or buildings and may not use flame cutters, explosives or any other dangerous equipment to process without first obtaining written consent of the Company;
6.11 The Company shall be entitled to halt the clearance of any Lot if in its absolute discretion the removal of a Lot is being carried out in an unsatisfactory manner. Where the clearance is halted by the Company, the Buyer must liaise with the Company’s site representative as to how the Lot should be removed from the Location provided that the Buyer shall at all times ensure that it complies with its obligations under General Condition 7 above and the Company shall have no liability in this regard
6.12 Electric, gas, water, steam and waste disconnections are the responsibility of the Buyer and MUST be carried out by an approved contractor following consultation with the site representative.
6.13 Any fluids, gases and/ or waste remaining in plant and machinery are the responsibility of the Buyer and MUST be removed from the Location strictly in accordance with any applicable Legislation.
6.14 Unless otherwise agreed, all Lots are sold on the understanding that the Seller does not represent that the Lot is in a condition which makes that Lot suitable for domestic use.
6.15 It is the Buyer’s or their removal contractor’s responsibility (i.e. Police, Ministry of Transport, Local Authority) to transport off site long/ wide loads, prior to the Clearance Date and Time.
6.16 The Buyer must ensure that:
6.16.1 it undertakes any waste removal by use of an approved and licenced contractor who must dispose of such waste at an approved waste management site; and
6.16.2 if required by the Company, it satisfies the Company’s waste removal procedures.
6.17 Where specified in the Conditions of Sale, the Lot may include dismantling and lowering of the Lot by the Contractor at the Location in preparation for collection by the Buyer from the Location. Where this is the case, the Contractor’s Fee for dismantling and lowering will be set out in the Conditions of Sale and will be payable by the Buyer in addition to the Sale price of the Lot. Unless the Conditions of Sale state otherwise;
6.17.1 the dismantling and lowering will be carried out by the Contractor, subject to a separate contract between the Buyer and the Contractor, and such contract shall come into effect at the same time as the Sale contract for the relevant Lot;
6.17.2 the Buyer shall pay the Contractor’s Fee (which shall be collected by the Company on behalf of the Contractor); and
6.17.3 the Company shall notify the Buyer when the Lot is available for collection from the Location.
7. Removal of Lots – Statutory Compliance
7.1 When removing any Lot from the Location the Buyer shall ensure that it and its removal contractors:
7.1.1 comply at all times with all Legislation application to the Location, including, but not limited to, all relevant health and safety, waste disposal, hazardous substances and environmental Legislation, in particular where Lots are composed of or incorporate any asbestos-containing materials, and/ or other dangerous chemicals or material which could cause harm if not handled correctly during the Lot removal; and
7.1.2 obtain all relevant permits, permissions, consents and/ or licences required in the Location.
7.2 In addition, where the Location is within Ireland, the Buyer shall:
7.2.1 comply with all relevant Legislation including, but not limited to, (without limitation) the Health and Safety at Work etc. Act 1974, the Environmental Protection Act 1990, the Construction (Design and Management) Regulations 2015, the Control of Substances Hazardous to Health Regulations 2002 (COSHH), the Road Vehicle (Construction and Use) Regulations 1986 and all other applicable Legislation;
7.2.2 provide to the Company a written undertaking pursuant to section 6(8) of the Health and Safety at Work etc. Act 1974 when required to do so;
7.2.3 provide to the Company a Risk Assessment & Method Statement complying with the Construction (Design and Management) Regulations 2015, COSHH and/ or with any subsequent amendments thereof or such other Legislation as shall from time to time be in force; and
7.2.4 if necessary, comply with the requirements of the Furniture & Furnishings Fire Regulations and any subsequent amendments thereof or such other relevant statutory requirements or regulations as shall from time to time be in force.
7.3 In addition, where the Location is within the Republic of Ireland, the Buyer shall:
7.3.1 comply with all relevant Legislation applicable in the Republic of Ireland including, but not limited to, (without limitation), the Safety, Health and Welfare at Work (Construction) Regulations 2013 and Safety Health and Welfare at Work (Exposure to Asbestos) (Amendment) Regulations 2025.
7.4 Where Legislation is advisory in nature, rather than mandatory, the Buyer must comply with such advisory Legislation in accordance with best industry practice.
7.5 In all cases arising under General Condition 7, the costs of compliance shall be borne by the Buyer and the Buyer hereby indemnifies the Company and the Seller against all losses, costs, expenses, damages, liabilities, demands, claims, actions and proceedings which the Company and/ or the Seller may incur arising directly or indirectly out of any breach by the Buyer to the provisions of this General Condition 7 and the Buyer shall make good any damage cause to (without limitation) other lots, the Location or to any property belonging to third parties, in removing any Lot under this General Condition 7.
8. Insurance and Indemnity
8.1 The Buyer shall indemnify the Company and the Seller against any loss, damages, expenses, claims or liabilities arising directly or indirectly from the possession or use of any Lot at any time after the Sale;
8.2 Except where the Buyer is a Consumer, the Buyer shall maintain adequate insurance at all times and shall provide written evidence as and when requested by the Company of the Buyer’s insurance policies in respect of the following insurances and at a minimum level of:
8.2.1 Public Liability Cover – limit Two Million Pounds (£2,000,000); and
8.2.2 Employers Liability Cover – limit Ten Million Pounds (£10,000,000)
8.3 Where the Buyer is a Consumer, it shall take out adequate insurance cover.
8.4 The Company reserves the right to vary the level of insurance cover stated above at any time, as and when required.
9. Liability
9.1 Nothing in the Conditions of Sale will limit or exclude liability for:
9.1.1 death or personal injury caused by negligence, or the negligence of a party’s employees, agents or subcontractors;
9.1.2 fraud or fraudulent misrepresentation; or
9.1.3 any other liability which cannot be limited or excluded by applicable law.
9.2 The Company will not be liable to the Buyer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale for:
9.2.1 Loss of profits;
9.2.2 Loss of sales or business;
9.2 3 Loss of agreements or contracts;
9.2.4 Loss of anticipated savings;
9.2.5 Loss of use or corruption of software, data or information;
9.2.6 Loss of or damage to goodwill; or
9.2.7 Any indirect or consequential loss.
9.3 Subject to General Condition 9.1, the Company’s and the Seller’s total liability to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Conditions of Sale will be limited to the Buyer’s Premium paid to the Company.
9.4 Subject to General Condition 9.1 the Seller’s total liability under or in connection with the Sale or any Lot, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the price paid for the Lot or if no price has been paid than the lower of the market value or reserve price for the Lot.
9.5 General Conditions 9.2, 9.3 and 9.4 shall now apply where the Buyer is a Consumer.
9.6 The Buyer acknowledges and agreed that the Lot is sold to the Buyer by the Seller and the Company shall have no liability to the Buyer arising or in connection with the Lot, except to the extent caused by the Buyer’s negligence.
10. Data Protection
10.1 Each party shall:
10.1.1 comply with its obligations under Data Protection Law with respect to the Personal Data it processes;
10.1.2 not intentionally do or omit to do anything that would cause the other party to breach its obligations under Data Protection Law; and
10.1.3 promptly (and without undue delay) notify the other party in writing of any Personal Data breach of which it becomes aware relating to Personal Data of the other to the extent such Personal Data breach is likely to affect the other party.
10.2 Nothing in the Conditions of Sale or the arrangements contemplated by them is intended to construe either parts as:
10.2.1 the processor of the other party; or
10.2.2 joint controller with one another, with respect to Personal Data that is shared by one party with the other.
11. Default by the Buyer
11.1 If at any time the Buyer has failed to pay the sums specified in General Condition 5 above in full by the due date for payment, or to remove any Lot purchased by the Clearance Date and Time specified in the Special Conditions the Seller may rescind the Sale of that Lot, in which case any Deposit shall be forfeit, and that Lot may be resold.
11.2 If the Seller has rescinded the Sale but the Buyer has removed the Lot purchased, the Seller shall be entitled without previous notice to enter upon any premises where it believes the Lot to be and remove it.
11.3 If the Seller has rescinded the Sale and the Lot has been resold by the the Company or by the Seller, the Buyer shall reimburse the Seller with any shortfall where: –
11.3.1 the resale price is less than the Sale price; and
11.3.2 the costs incurred by the Seller incidental to the resale.
11.4 Without prejudice to any other rights or remedies, if the Buyer fails to remove any Lot by the Clearance Date and Time specified, the Seller may exercise any one or more of the rights set out below:-
11.4.1 the Seller may remove the Lot from the Location and leave it outside at the Buyer’s risk in all respects;
11.4.2 the Seller may charge the Buyer for the reasonable costs of removal or storage;
11.4.3 the Seller may charge the Buyer rent, taxes and expenses incurred as a result of the Lot(s) remaining at the Location; and
11.4.4 the Buyer shall indemnify the Seller against any loss, damages, expenses, claims or liabilities incurred by the Seller arising from the Buyer’s failure to remove the Lot from the Location.
12. Acknowledgements and Exclusion of Warranties
12.1 The Buyer acknowledges that in agreeing to purchase any Lot it is not relying on any warranties or representations made by the Seller or the Company or any of their employee’s agents or representatives. All representations, warranties and conditions, express or implied, statutory or otherwise in respect of all and any of the Lots are expressly excluded and without limitation any warranties and conditions as to satisfactory quality, fitness for purpose and description are excluded to the fullest extent as permitted by law.
12.2 Subject to General Condition 9.1.2, the Buyer further acknowledges that neither the Sellers nor the Company shall in any circumstances be liable to or to compensate the Buyer nor shall the Buyer be entitled to rescind the Sale or reject any Lot for an error, omission or misstatement contained in the Catalogue and/or in the Special Conditions.
12.3 The Buyer also acknowledges that: –
12.4 The Seller shall transfer such title as it has in the Lot;
12.4.1 anything found in, under, near or in any Lot which is not specifically included in the description of the Lot remains the property of the Seller; and
12.4.2 any intellectual property rights or software subsisting in a Lot may be third party property and as such the Seller and/or the Company may be unable to effect transfer. The Buyer will not be authorised to use intellectual property rights or software without obtaining the required licences or permissions from the owner of the intellectual property rights or software and any such use or transfer without the required licences or permissions shall be at the Buyers sole risk.
12.5 The Buyer undertakes that it shall ensure that any vehicle comprised in any Lot is in a roadworthy condition in accordance with the Road Vehicle (Construction and Use) Regulations 1986 and any subsequent amendments thereof or such other relevant Legislation as shall from time to time be in force before using it on a public road. It is the Buyer’s responsibility to remove Seller logos and lettering from vehicles. Odometer readings are not warranted.
12.6 The Buyer acknowledges that any item of plant, machinery or equipment contained in the Lot(s) may not necessarily comply with any Legislation governing the use of that plant, machinery or equipment in their working environment. Neither the Seller nor the Company shall incur any liability to the Buyer because of any default or defect in all or any of the Lots. All Lots are sold “as is” and Buyers are entirely responsible for ensuring that the use of any item of plant, machinery or equipment does not contravene any health and safety and environmental Legislation in existence at the time of the Sale.
12.7 The Buyer acknowledges and agrees that the Company is acting only as agent of the Seller and it is expressly agreed and declared that no personal liability in connection with the Sale of any Lot or otherwise shall fall on the Auctioneer or the Company and the Buyer shall indemnify the Company against all and any liabilities arising under or in connection with the Sale of any Lot. Insolvency Practitioner(s), including Administrative Receiver(s), Administrator(s) and Liquidator(s) act as agent(s) for the Seller without personal liability and shall incur no personal liability whatsoever in relation to a Sale or pursuant to any document relating thereto.
12.8 The Buyer acknowledges and agrees that the Auctioneer and the Company does not represent any Lot as being in a condition which makes it suitable for domestic use.
12.9 The Buyer acknowledges and agrees that the Auctioneer and the Company does not have nor professes to have any expert or other knowledge of any Lots sold.
12.10The Buyer agrees that the Conditions of Sale and the exclusions which they contain are fair and reasonable bearing in mind that:-
12.10.1 the Buyer must rely absolutely on the Buyer’s own opinion and/or professional advice concerning the quality, state, condition, performance and functionality of the Lots which are sold under the terms of these Conditions of Sale, their fitness and suitability for any particular or any purpose, the possibility that some or all of them may have defects not apparent on inspection and examination including, without limitation, the presence of contamination and possibility that the Buyer may not acquire title and the fact that the Buyer would have no or limited remedy under the Conditions of Sale should that happen;
12.10.2 the Buyer has available to it skilled professional advice and on that basis agrees to purchase a Lot for a consideration calculated to take into account amongst other things the risk to it represented by the fact that the parties believe that all the exclusions and limitations set out in these Conditions of Sale would be recognised as being fully effective by the courts and the Seller making it clear that it would not have agreed to sell any Lot on any other basis except for a higher consideration;
12.10.3 the Buyer has been given every opportunity which might reasonably be expected to examine and inspect the Lots.
13. Application of Applicable Consumer Laws – this applies only where the Buyer is a Consumer
13.1 General Condition 13 only applies where the Buyer is a Consumer.
13.2 Except to the extent set out in Section 2(6) of the Consumer Rights Act 2015, the Buyer is not a consumer for the purposes of Chapter 2 of the Consumer Rights Act 2015 in relation to a Lot if the goods comprising that Lot are second hand goods sold at Public Auction and the Buyer has the opportunity of attending the sale in person.
13.3 The Buyer acknowledges that there are no cancellation rights under the Consumer Contracts Regulations in respect of goods sold at Public Auction. For Buyers in the Republic of Ireland, the Buyer acknowledges that there are no cancellation rights under the Consumer Rights Act 2022 in respect of a contract concluded at a Public Auction.
14.
14.1 If the Consumer Contracts Regulations, or for Buyer’s in the Republic of Ireland, the Consumer Rights Act 2022 and any other applicable Legislation, (together with the “Applicable Consumer Laws”) apply to the Sale, the Buyer may exercise its cancellation rights in accordance with the terms of the Applicable Consumer Laws. For more information on how to exercise rights under the Applicable Consumer Laws, the Buyer may refer to the Company’s Compliance with Consumer Legislation Policy found at Sanderson Weatherall Compliance Policy.
15. Variation
15.1 Except as expressly provided in the Conditions of Sale, no amendment or variation of the Conditions of Sale will be effective unless it is in writing and signed by the parties.
16. Waiver
16.1 No failure or delay by a party to exercise any right or remedy provided under the Conditions of Sale or by law will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided by law or under the Conditions of Sale will preclude or restrict the further exercise of that or any other right or remedy.
17. Severance
17.1 If any provision or part-provision of the Conditions of Sale is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this Condition will not affect the validity of enforceability of the rest of the Conditions of Sale.
18. Third Party Rights
18.1 Subject to any local law requirements, the Seller may enforce the Conditions of Sale against the Buyer under the Contracts (Rights of Third Parties) Act 1999. The rights of the parties to rescind or vary the Condition of Sale are not subject to the consent of any other person.
19. Entire Agreement
19.1 The parties agreed that these General Conditions, the Special Conditions and the Catalogue constitute the entire agreement between them and supersedes all previous drafts agreements, arrangements and understandings between them, whether oral or written. This General Condition shall not apply where the Buyer is a Consumer.
20. Jurisdiction and Governing Law
20.1 The Conditions of Sale and any dispute or claim arising out of or in connection with the Conditions of Sale or its subject matter or contracts formed under the Conditions of Sale (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales.
20.2 Each party irrevocably agreed that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Conditions of Sale or their subject matter or contract formed under the Conditions of Sale (including non-contractual disputes or claim).
20.3 However, when the Buyer is acting as a Consumer, the parties agreed that if the Buyer is resident in a part of the United Kingdom other than England and Wales, the law of that part of the United Kingdom will apply to the Conditions of Sale and any dispute between the parties arising out of or in connection with the Conditions of Sale (including non-contractual disputes or claims) will be dealt with by the courts located there. Furthermore, the parties agree that if the Buyer is a Consumer resident in the Republic of Ireland, the law of the Republic of Ireland will apply to the Conditions of Sale and any dispute between the parties arising out of or in connection with the Conditions of Sale (including non-contractual disputes or claims) will be dealt with by the courts located there.